Kole and Another Vrs The Electoral Commision and Another [2012] GHASC 37 (13 June 2012)

Kole and Another Vrs The Electoral Commision and Another [2012] GHASC 37 (13 June 2012)

The version of L.I. 1983 that purported to come into force on 24th November 2010 and placed the disputed areas in the Dangme West District is unconstitutional and null and void, as it did not comply with the constitutional procedure for laying statutory instruments before Parliament. The court declined to determine the regional location of the disputed areas, as this involves chieftaincy matters outside its jurisdiction.

Citation
[2012] GHASC 37
Parties
Plaintiff: Charles Mate Kole; Plaintiff: Nene Azago Kwesitsu I; Defendant: The Electoral Commission; Defendant: The Attorney General; Co Defendant: Nene Teye Titriku I; Co Defendant: Akuse-Amedeka Citizens Association
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
13 June 2012
Procedural Posture
Constitutional Petition / Judgment
Outcome
Plaintiffs' action succeeds in part; the impugned version of L.I. 1983 is declared null and void.
Legal Topics
Validity of Legislative Instruments, Alteration of Regional Boundaries, Parliamentary Procedure, Jurisdiction Over Chieftaincy Matters
Source Language
English
Constitutional Law Administrative Law Local Government Law Chieftaincy Law Validity of Legislative Instruments Alteration of Regional Boundaries Parliamentary Procedure Jurisdiction Over Chieftaincy Matters

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Parties

Charles Mate Kole

Plaintiff

Nene Azago Kwesitsu I

Plaintiff

The Electoral Commission

Defendant

The Attorney General

Defendant

Nene Teye Titriku I

Co Defendant

Akuse-Amedeka Citizens Association

Co Defendant

Procedural Posture

Constitutional Petition / Judgment

Legal Issues

  1. 1 Whether the Local Government (Creation of New District Electoral Areas and Designation of Units) Instrument, 2010 (L.I. 1983) is unconstitutional for altering regional boundaries without following Article 5 of the Constitution
  2. 2 Whether Parliament exceeded its powers in altering the legislative instrument as laid before it
  3. 3 Whether the disputed areas constitutionally belong to the Greater Accra or Eastern Region

Ratio Decidendi

The version of L.I. 1983 that purported to come into force on 24th November 2010 and placed the disputed areas in the Dangme West District is unconstitutional and null and void, as it did not comply with the constitutional procedure for laying statutory instruments before Parliament. The court declined to determine the regional location of the disputed areas, as this involves chieftaincy matters outside its jurisdiction.

Court Disposition

Plaintiffs' action succeeds in part; the impugned version of L.I. 1983 is declared null and void.

Orders

  • The version of L.I. 1983 stated to come into force on 24th November 2010 and placing the disputed areas in the Dangme West District is declared unconstitutional and null and void.
  • The original version of L.I. 1983, as laid before Parliament, is procedurally valid and enjoys the presumption of regularity.